Legal Opinion

Morgan v. Casey

Supreme Court of Alabama

Decided December 15, 1882PublishedCited by 18 opinions

Appeal from Cherokee Circuit Court. Tried before Hon. LeBoy F. Box. This wasd statutory real action in the nature of ejectment, brought by John T. Casey and Z. T. Acker, as the administrators de bonis non, with the will annexed, of.

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Appeal from Cherokee Circuit Court. Tried before Hon. LeBoy F. Box. This wasd statutory real action in the nature of ejectment, brought by John T. Casey and Z. T. Acker, as the administrators de bonis non, with the will annexed, of. Thomas White, deceased, against Thomas Morgan and Looney Sanford; and was commenced on 20th December, 18J5. The pleas found in the record are, in substance: (1) We unques administi'ators ; (2) the general issue; (3) the statute of limitations of ten years; and (4) “ that the land claimed was sold by the executors of the last will and testament of plaintiffs’…

1Opinion of the CourtSomeryille, J.

— The action is one of ejectment for certain lands belonging to the estate of Thomas White, deceased, who died in the year 1841. The plaintiffs were appointed administrators de bonis non in the year 1875, and sue in their representative capacity to recover the lauds for the purposes of administration. The defendants claim the lands under a purchase made by one Stewart, from whom they claim to derive title, this purchase having been made in the year 1863, at an executors’ sale effected under an order of the probate court by George W. and William O. White, who were the executors of the last…

2Cases cited21 opinions

  1. Collins v. JohnsonSupreme Court of Alabama · 1876
  2. Ikelheimer v. Chapman's Adm'rsSupreme Court of Alabama · 1858
  3. Gray's Adm'rs v. CruiseSupreme Court of Alabama · 1860
  4. Potts v. ColemanSupreme Court of Alabama · 1880
  5. Allen v. KellamSupreme Court of Alabama · 1881

16 more not listed; retrieve them via the Exa API.

3Cited by18 opinions

  1. Milbra v. Sloss-S. S. & I. Co.Supreme Court of Alabama · 1913
  2. Pendley v. Madison's Adm'rSupreme Court of Alabama · 1887
  3. Dinkins v. LathamSupreme Court of Alabama · 1907
  4. McCarty v. Woodstock Iron Co.Supreme Court of Alabama · 1890
  5. Moragne v. Doe ex dem. MoragneSupreme Court of Alabama · 1904

13 more not listed; retrieve them via the Exa API.

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